Asger Risom
The limitation, confirmed by European officials, also applies to Russian Prime Minister Mikhail Mishustin and Foreign Minister Sergei Lavrov.
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Vladimir Putin will not face trial in absentia for war crimes as long as he remains president of Russia, under the terms of a draft agreement shaping a proposed international tribunal. The limitation, confirmed by European officials, also applies to Russian Prime Minister Mikhail Mishustin and Foreign Minister Sergei Lavrov.
The special tribunal, spearheaded by Western nations and backed by the Council of Europe, aims to prosecute the crime of aggression against Ukraine.
However, it will only pursue charges against top Russian officials if they are physically present—an unlikely scenario given Moscow’s refusal to acknowledge the war as aggression and its rejection of Western-led legal processes.
Tribunal Advances Despite Constraints
The tribunal will be established under a legal framework finalized in late March by the “Core Group” of nations supporting the initiative, according to Digi24.
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The documents include a bilateral agreement between Ukraine and the Council of Europe, the tribunal’s statute, and operational protocols. Signing is expected to take place in Kyiv on May 9—Europe Day—pending final political approval.
EU officials describe the in-absentia restriction as a political compromise. The tribunal would likely be based in The Hague, home to several international courts.
A separate case at the International Criminal Court (ICC) has already issued an arrest warrant for Putin over the deportation of Ukrainian children.
Western Support, Uncertain U.S. Role
Although over 38 countries, including Canada, Australia, and Japan, have signaled support, U.S. involvement remains in question.
Under the Biden administration, Washington backed justice efforts in Ukraine, but President Donald Trump’s new administration has yet to commit and was absent from the March Core Group summit.
The proposed tribunal will require a two-thirds majority vote in the Council of Europe’s Parliamentary Assembly to move forward—likely achievable despite possible abstentions from Hungary or Serbia.
Once operational, the court could eventually try senior Russian leaders, but only after they are no longer in power.
The last global prosecution of the crime of aggression occurred during the Nuremberg Trials after World War II. Advocates hope this tribunal will renew that legacy—when the political moment allows.
